Posted on 11/09/2009 6:52:12 AM PST by La Lydia
WASHINGTON — As Maj. Nidal Malik Hasan lay under heavy guard at Fort Sam Houston on Sunday, military prosecutors and the accused Fort Hood gunman's family were preparing for what could be a long and complicated legal proceeding. Military justice experts told the Houston Chronicle that Hasan, if he recovers, could face the death penalty in a military court-martial — unless civilian prosecutors conclude that he was part of a terrorist plot that would justify moving his case into federal criminal courts under U.S. anti-terrorism laws.
But veterans of the military justice system say that any case against Hasan could take many months and could be delayed by medical assessments of the Army officer's physical and mental health. And even if a death sentence is handed down, the military justice system's lengthy appeals process has effectively thwarted all executions since 1961. “We're in for a long haul,” said Scott L. Silliman, a retired career JAG officer in the Air Force who now directs Duke University Law School's Center on Ethics and National Security.
The Army “will not try to move the case too quickly because that might build in a problem down the road,” he added. “They're doing all their spade work. There's not a rush.”
As the probe proceeds, the case against Hasan will be complicated by questions of whether he was sane at the time of the shootings or if he can get a fair trial at Fort Hood.
Indeed, prominent figures – from his base commander, Lt. Gen. Robert Cone, to his commander-in-chief, President Barack Obama – have publicly identified him as the alleged assailant...
Hasan's family is demanding that he be allowed to consult with a lawyer before speaking to investigators or mental health professionals.
(Excerpt) Read more at chron.com ...
Duke University Law School dept. of ethics???????????????
Really?????????????????
No need for a trial or lawyers. Just put him back in his unit and send his @$$ to Afghanistan. The problem will cure itself rather quickly....red
The irony never ends, does it?
Any capital case faces many challenges, this one fewer than normal.
“Duke University Law School dept. of ethics???????????????
Really?????????????????”
.....yep and Richard Nixon was it’s most famous graduate....class of 1937
The military should treat it as an act of murder, not terrorism. That means, military lawyers, military courts, Uniform Code of Military Justice and the civilian lawyers can pound sand.
Paging Lynn Stewart.
The only hurdle this guy needs to overcome is a gunnery range. It was unfortunate the emergency responders were in such a hurry to save this sorry ass in the first place.
In otherwords, Terrorism is worth it ... What a shame, Goodbye America nice knowin’ ya, say goodbye to your native son ...
I don’t think the State of Texas would have that much of a problem. Ft Hood, although a federally owned property is still state land, thereby placing the felony under the jurisdiction of the County Sheriff or municipality if taken place inside city limits.
Turn him over to the state of Texas. We know they can carry out the death penalty.
Yes. Headed up by a guy by the name of Silli man. Sounds appropriate.
The lawyers need to ask some very important questions, this could take some time.
Questions:
Was he on post? Yes!
Did he have two guns? Yes?
Did he kill fellow military personnel? Yes?
Should we execute him? Yes?
Now....that will take some time to get answers. About 2 minutes.
Talk about politically correct spin!!
Definition of "allegedly"; liberal term for: innocent even if witnessed by hundreds in the commission of a capital crime and taken into custody by lawful authority.
I hate to be the bearer of bad news but:
According to the rights of the accused under the UCMJ, a defendant is allowed a civilian attorney AT THEIR OWN EXPENSE. I’m sure the mooselimb nutballs will raise money to defend this piece of filth.
No better and no worse than the Army Chief of Staff, who believes that we must risk sacrificing the lives of an unknown number of service members in order to continue to enjoy the “benefits” of diversity? Has liberalism so enslaved us to the idea of diversity — a dubious idea at best — that we are willing to continue to go like lambs to slaughter on its behalf?
Obviously the answer is yes.
The main reason this guy wasn't booted is because it wouldn't be PC to do so. Any CO that questioned him or reported his actions would see his career deadended right then and there.
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